Chapter 2
Bill of Rights (ss 7-39)
35 Arrested, detained and accused persons
(3) Every accused person has a right to a fair trial, which includes the right
(l) not to be convicted for an act or omission that was not an offence under
either national or international law at the time it was committed or
omitted;
1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.